[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Sewers — See Ch. 192.
[Adopted 10-10-2011 by Ord. No. 2011-8]
This article shall be known and may be cited as the "Borough
of Lewistown Mandatory Water Connection Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The Municipal Authority of the Borough of Lewistown, its
successors and assigns.
The Borough of Lewistown, Mifflin County, Pennsylvania.
The engineers employed by the Borough of Lewistown and/or
by the Authority.
The pipe and any other facilities by means of which water
service is extended from the property line or curb stop of the water
customer to the proposed dwelling or building to be served.
Any property located within the Borough of Lewistown upon
which is erected a house, building, structure or other improvement
intended for continuous or periodic habitation, occupancy or use requiring
water by humans.
An individual, corporation, partnership, limited liability
company, limited liability partnership, association, society or other
entity.
A device for the measuring of the quantity of water used
by a property owner.
A line for the transmission and delivery of water to abutting
property owners, constructed in the Borough and owned and/or operated
by the Authority.
The water distribution system constructed in the Borough
and owned and/or operated by the Authority, including, but not limited
to, all necessary lands, easements and rights-of-way, and all necessary
lines and equipment including lines, pumping stations, water distribution
systems, fire hydrants, valves and other appurtenances of the water
supply system.
Every owner of an improved property within the Borough which
abuts a waterline and/or water supply system constructed in the Borough
and owned and/or operated by the Authority and upon which is situated
any house, building, structure or other improvement intended for continuous
or periodic habitation, occupancy or use requiring water by humans,
which is located within 150 feet of the waterline and/or water supply
system at its nearest point, shall connect such house, building, structure
or other improvement intended for continuous or periodic habitation,
occupancy or use requiring water by humans to the waterline and/or
water supply system, at such owner's cost, including the payment
of all connection fees, tapping fees and other fees imposed by the
Authority for the connection of the property to the water supply system.
Where a waterline is located in a public street or right-of-way, property
on either side of such public street or right-of-way shall be deemed
to abut said waterline and shall be deemed to be accessible to the
water supply system.
A.Â
The water supply system constructed in the Borough and owned and/or
operated by the Authority shall provide the exclusive source of water
for human consumption on the owner's improved property if the
water supply system is accessible to the property by being within
150 feet, at its nearest point, of the property owner's house,
building, structure or other improvement intended for continuous or
periodic habitation, occupancy or use requiring water by humans.
B.Â
Within 30 days following the completion of construction of a water supply system which is accessible to the property owner's improved property which is utilizing water for human consumption, the property owner shall permanently render any well or wells, spring, cistern system or other water supply on the property theretofore used for the production or provision of water for human consumption incapable of drawing, producing or providing water. Said well or wells, spring, cistern system, or other water supply shall not otherwise be used for the drawing, producing or providing water, except as authorized to utilize the supply of water for uses other than human consumption, all as per § 236-5 of this article.
C.Â
Within 30 days following the completion of construction of a water supply system which is accessible to the property owner's improved property which is utilizing water for human consumption, said property owner shall disconnect said well or wells, spring, cistern system, or other water supply from said house, building or other structure, except as authorized to utilize the supply of water for uses other than human consumption, all as per § 236-5 of this article. The Borough and/or the Authority shall be empowered to establish and enforce rules and regulations concerning the disablement of any well or wells, spring, cistern system or other water supply or system which has been providing water for human consumption to the improved property, as well as to establish and enforce rules and regulations concerning the continued use of such water for other than human consumption upon written request and written approval therefor.
Industries and farms that have their own supply of water for
uses other than human consumption may continue to use said water for
such purposes but shall at all times be required to use the Authority's
water supply system in relation to water used for human consumption.
Others who have their own supply of water for uses other than human
consumption may continue to use said water for such purposes upon
written request to the Borough and upon written approval by the Borough
but shall at all times be required to use the Authority's water
supply system in relation to water used for human consumption.
If the owner of any improved property abutting the water supply
system neglects, fails or refuses to connect with and use such water
supply system within 45 days after notice so to do has been served
by the Borough Council of the Borough of Lewistown or its agent(s),
the Borough Council of the Borough of Lewistown or its agent(s), including
the Authority, may enter the property and construct said connection.
The Borough shall send an itemized bill of the cost of construction
of connection to the owner of the improved property to which connection
has been made to provide water service to the improved property. Said
bill shall be due and payable immediately. In the case of a default
to make payment, the entire cost of construction of the connection
shall be due and payable, and the Borough may proceed to collect the
same pursuant to the law relating to municipal claims, 53 P.S. § 7101
et seq., as amended or supplemented, or by a civil action at law (in
assumpsit).
The cost of construction of the connection shall include the
cost of construction of the customer service line on the property
of the abutting owner from the property line or the curb stop of the
abutting owner to the building, house or other structure where the
water meter is located and shall include the cost of the water meter
and all necessary connections and equipment necessary to connect the
building, house or other structure to the waterline and water supply
system.
Each owner of any improved property in relation to which connection to the water supply system is mandatory in accord with § 236-3 of this article, Mandatory connection, shall make application, in writing, to the Authority for water service. Such application shall be in such form as the Authority shall designate. Additionally, each owner of any improved property in relation to which connection to the water supply system is mandatory shall pay any tapping fee then in effect as established by the Borough Council of the Borough of Lewistown or its agent(s), including the Authority.
No person shall willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment
which is a part of the water supply system.
A.Â
The consulting engineers and other duly authorized employees or agents of the Borough and/or the Authority, bearing proper credential and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurements, sampling and testing in accord with the provisions of this Article I, Mandatory Connection, and property owners shall permit such access.
B.Â
For the purpose of enforcing this Article I and power and authority to enter upon all properties for purposes as set forth in this Article I, the Borough, its consulting engineers, and other duly authorized employees or agents of the Borough or their designees and/or the Authority may seek to obtain a search warrant issued by a competent authority for the purpose of permitting the entry upon a property for purposes necessary and appropriate pursuant to this Article I and/or for purposes of compelling inspection of property, including, without limitation, land and the buildings or structures thereon.
This Article I, Mandatory Connection, may be enforced by an action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates this Article I shall be guilty, upon conviction, of a summary offense and shall be liable for a fine in an amount of not less than $300 nor more than $1,000 plus costs. Default in payment of said fine and costs shall be punishable by imprisonment not to exceed 30 days. Each day that a violation shall continue shall be a separate violation or separate offense and shall be punishable as such.
